Stumped...Need Assistance

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leonspikeNew Member
Topic author
Posts: 2
Joined: 27 Feb 2009

Stumped...Need Assistance

Post Fri Feb 27, 2009 1:12 pm

am an American Citizen. My husband is a Canadian citizen. Neither with medical or criminal hiccups.

I drove across the US/Canadian border in May of 2008. We married in January 2009. We are awaiting my marriage certificate to begin my PR paperwork and will file within Canada. When asked why I was visiting Canada in May 2008, I explained it was a weekend with the girls. Once the weekend was over, instead of me returning back to the US, I decided to visit my now Canadian husband...the visit turned into days, days turned into weeks, weeks into months then us deciding to marry 8 months later. I have remained on Canadian soil since May 2008...he has been my sole financial provider. We have known one another for 2 years with me visiting Canada 3 times during our courtship. (the internet was our major source when apart, in fact this is how we met) Since on the PR application is requests date of entry...Will my out of status possibly hurt my application?

I prefer not to try to leave and re-enter Canada to put me back within status in case I am denied entry to be with my husband. Besides, I have no ties in the US...as I said he is my sole provider. I have not worked illegally while I have been in Canada. Though I am prepared to work once I am issued an SIN #.

Also in regards to us being married:
We would like the opportunity to work and/or live in the US or Canada...as we are able to pursue opportunity in both origins.

While we wait on my Canadian PR paperwork what is it we need to do to begin the process for my Canadian husband to work in the US? Yes we both have valid passports.

I appreciate your assistance in this.
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SarniaGrlSuper Member
Posts: 136
Joined: 18 Mar 2008
Location: Bluewater Country

Re: Stumped...Need Assistance

Post Sat Feb 28, 2009 3:45 am

Here is a link to a forum you'll find helpful as well
http://www.roadtocanada.com/forums/forumdisplay.php?f=2

There are many Americans on that forum who can provide you with input on their experiences in dealing with CIC and filling out the forms. Another great read there is the link to US2Canada, read through that as well.

Something to think on, you will hear it at the Road to Canada forum as well;
Rather than filing 'inland', you would be better off filing an 'outland' application, especially given the fact there are no criminal issues to overcome in your application. Outland applications are processed much faster (6-8 months /-) than inland (18 months /-) and offer the right to appeal. With an outland application you have the ability to travel back and forth to the U.S., whereas with an inland application you have to remain in Canada throughout the process, otherwise you can 'deemed' to have abandoned you application for PR.

By filing outland, you could conceivably have your case settled and done with PR status granted in far less time than the inland where most likely you would still be waiting on AIP (approval in principle -only then could you apply for an OWP or open work permit). You can complete the medical in Canada (people report it to be much cheaper) and order the FBI & state clearances from there as well.

With an outland application you can be in Canada while it is in process, check out the other forum for more detail on that. Take a look at US2Canada for info on the "Visitors Record" which you can extend from within the country. There are others there who had 'out of status' issues that could address your question on that topic.

Here's a quick link to the Visitors Record page
http://www.us2canada.com/visitorrecord.php

Something to consider if you were thinking of relocating to the U.S.
In order to sponsor your husband you would have to meet a minimum income requirement to qualify and if he was formerly TN-1 eligible (based on the NAFTA occupational list), he would no longer qualify as being married to a U.S. citizen represents a 'significant' tie to the U.S. The TN-1 is a 'non-immigrant' visa.There are other visa options, however.

A good resource for sponsoring him and moving to the U.S. is
http://www.visajourney.com

For him to sponsor you to Canada there is no minimum income requirement he has to meet. As a spouse you are medically excessive- demand exempt. That means you wouldn't be found inadmissible to Canada because of an illness or disorder that would cause excessive demand on Canada's public health system. There are some exclusions, however.
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Re: Stumped...Need Assistance

Post Sat Feb 28, 2009 9:28 am

If your intent is to eventually relocate to the US, please consider waiting until your are legally resident in Canada and have your PR card in hand. If you were to start the sponsorship process for the US, while you still have the process ongoing with Canada, the US has been known to reject petitions/applications in that circumstance, because they figure you're not really serious about being resident in the US if you have option to be resident in another country as well. :roll: It has happened before, it can happen again.

Besides, if you get your Canadian LPR completed, then if you move to the US and sponsor your husband, you will not lose your Canadian status as long as you remain living with and married to your husband. The same is not true for the US.

See the above linked site Road to Canada (Steven's post). Lots and lots of info there about immigrating to Canada via marriage.
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